Blog
Tip Of The Week – Potential Defense To Westphal Claim
Greetings, This ONLY applies to old claims with a date of accident between 1/1/1994 through 9/30/03… If you get a claim under Westphal to pay any past due indemnity for a claim with a date of accident under the 1994 law, there is a potential defense. For claims...
FL Case Law Summaries – 6/13/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Annabella Pinera v. Target/Sedgwick CMS Appeal of the Order from JCC Marjorie Hill DCA Order Date: June 7, 2016 Case:...
Supreme Court Decides Westphal
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com SUPREME COURT DECIDES WESTPHAL 104 WEEK CAP ON TEMPORARY DISABILITY BENEFITS IS UNCONSTITUTIONAL The Supreme Court of Florida issued an opinion in the case of...
FL Case Law Summaries – 6/10/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Richard Seay v. Republic Services d/b/a Florida Refuse/CCMSI JCC Lorenzen; Tampa District; Order Date: June 3, 2016 OJCC Case: 15-025298EHL; D/A:...
Tip Of The Week – Westphal Decision, Cap On TTD Unconstitutional
Greetings, Well, the Fla Supreme Court has ruled the 104 week cap on Temporary Total Disability benefits is unconstitutional, and they have “revived” the 1990 law, 260 weeks of TTD. While not specifically referenced, it does appear that it may include Temporary...
FL Case Law Summaries – 6/9/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com UPDATE ON ATTORNEY’S FEES - HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA attorney fee decisions published since the Florida...
FL Case Law Summaries – 6/8/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Maria Delgado v. Spherion Staffing, LLC/Sedgwick CMS JCC Medina-Shore; Miami District; Order Date: June 2, 2016 OJCC Case: 11-015402SMS; D/A:...
Tip Of The Week – SOL And Payment of Attorney Fees
Greetings, Due to the Castellanos decision, we are now seeing many claimant attorney’s seek attorney fees on issues that were resolved long ago. As you may recall, under the Longley case, if all issues are dismissed with the exception of a reservation on...
FL Case Law Summaries – 6/3/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Marie Laurore v. Aimbridge Hospitality LP/Zurich American Insurance Company JCC Lorenzen; Tampa District; Order Date: May 31, 2016 OJCC Case:...
FL Case Law Summaries – 5/31/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Dawn McDonald (deceased) and Kevin McDonald v. Faneuil, Inc./Travelers Insurance JCC Condry; Orlando District; Order Date: May 26, 2016 OJCC Case:...